- (1.) The petitioner has filed the instant petition under Articles 226/227 of the Constitution of India for quashing of the order dated 26.4.2007 (Annexure P-1) passed by the Collector, whereby on an application under Section 11 of the Punjab Village Common Lands (Regulation) Act, 1961 (hereinafter referred to as 'the Act'), filed by respondent No.5, the site in dispute was found to be a public passage and vests in the Gram Panchayat; as well as the order dated 1.11.2010 passed by the Commissioner, whereby the appeal filed by the petitioner against the said order has also been dismissed.
(2.) We have heard the learned counsel for the parties and gone through the impugned orders.
(3.) In this case, the Collector after providing opportunity of hearing to both the parties and opportunity to lead evidence, has recorded a finding of fact that the site in dispute is Rasta Sare-Aam, which is meant for use of common purposes and vests in the Gram Panchayat, while making the following observations:- That after going through the aforesaid petition, written statement, evidence, arguments and going through record, this court has come to the conclusion that land in dispute is shamlat deh which vests in gram panchayat and gram panchayat is the only owner of this land. Respondent has no concern with the ownership of this land. The land which has been shown in red colour in site plan Ex.P-1 is the land of Rasta Sare-Aam, the land is meant for common purposes. The respondent has unauthorisedly occupied this land without order of any court. ;